January 28th, 2016

Attn:

U. S. Department of Transportation Docket Operations West Building

Ground Floor, Room w12­140

1200 New Jersey Ave, SE Washington, DC 20590

RE: Ric Noyle Photo Productions LLC

Ric Noyle Photo Productions LLC seeks exemption from the

requirements of 14 C.F.R Part 21,45.23(b) 61.113(a) & (b),

91.7(a),91.9(b)(2), 91.103, 91.109,91.119, 91.121, 91.151(a)(b),

91.203(a) &(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND

91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF

DJI Phantom 3 & DJI Inspire UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION

AND REFORM ACT OF 2012 (PUBLIC LAW 112­95)

Ric Noyle

President

Ric Noyle Photo Productions LLC 836 Ocean View Drive.

Honolulu,Hawaii 96816

Studio 808 737­2885 Cell­808 721­4180 ric@ricnoyle.com
1

TABLE OF CONTENTS

Page GLOSSARY OF

ABBREVIATIONS.......................................................3

SUMMARY...................................................................4

INTRODUCTION AND INTERESTS OF

PETITIONER................................................4

BACKGROUND............................................................4

BASIS FOR PETITION..................................................5

NAME AND ADDRESS OF

PETITIONER...................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Ric Noyle

Photo Productions LLC SEEKS

EXEMPTION....................................................................7

THE EXTENT OF RELIEF Ric Noyle Photo Productions LLC SEEKS

AND THE REASON Ric Noyle Photo Productions LLC SEEKS THE

RELIEF.........................................................10

THE REASONS WHY GRANTING Ric Noyle Photo Productions LLC

REQUEST WOULD BE IN THE PUBLIC INTEREST

........................................................................12

THE REASONS WHY GRANTING THE EXEMPTION TO Ric Noyle

Photo Productions LLC WOULD NOT ADVERSELY AFFECT

SAFETY.........................................................14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL

REGISTER.......................................................25
ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT Ric Noyle Photo Productions LLC

REQUEST................................................... 25

CONCLUSION.................................................25

APPENDICES...................................................26

AGL

AOI

ATC

ATO

AV

CFR

COA

FAA

FAR

GCS

GPS

LOL

NAS NOTAM PIC Section 333 SO

SOP UA UAS VFR VLOS VMC VTOL
GLOSSARY OF ABBREVIATIONS

Above Ground Level Area of Interest

Air Traffic Control

Air Traffic Organization Aerial Vehicle

Code of Federal Regulations Certificate of Authorization Federal

Aviation Administration Federal Aviation Regulation Ground Control

Station

Global Positioning System Loss of Link

National Airspace System Notice to Airman

Pilot In Command

FAA Modernization and Reform Act of 2012 (FMRA) Safety Observer

Standard Operating Procedures

Unmanned Aircraft

Unmanned Aircraft System

Visual Flight Rules

Visual Line of Site

Visual Meteorological Conditions

Vertical Takeoff and Landing

SUMMARY

Ric Noyle Photo Productions LLC seeks exemption from the

requirements of 14 C.F.R Part 21,45.23(b) 61.113(a) & (b),

91.7(a),91.9(b)(2), 91.103, 91.109,91.119, 91.121, 91.151(a)(b),

91.203(a) &(b),91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b), to operate an Unmanned Aircraft System (DJI Phantom

3 & DJI Inspire) pursuant to Section 333 of the FAA Modernization and

Reform Act of 2012 (FMRA). This exemption will permit Ric Noyle

Photo Productions LLC to operate an Unmanned Aircraft System (UAS)

for the commercial purpose of conducting aerial video and photography
of construction sites, residential and commercial real estate, civil

landscapes and events over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Ric Noyle Photo Productions LLC has for over thirty­five years

provided their clients (which include private sector businesses and

non­profits, along with local state and federal agencies) with expertise

and knowledge in commercial photography, advertising, public relations

and training using advanced technologies and solutions. Ric Noyle

Photo Productions LLC has worked on thousands of productions over

the past 39 years in all types of locations with a perfect client and

employee safety record. In the past we have supplied our clients aerial

video and photography using commercial aircraft. The objective of Ric

Noyle Photo Productions LLC and our Unmanned Aircraft System (DJI

Phantom 3 & DJI Inspire) aerial operations is to provide a more

affordable, high­quality production system for a variety of

governmental, commercial, public, and residential uses, specifically

targeting

• Construction sites before and after

• Appraisals

• Real­estate marketing

• Economic development

• Civic landmarks

• Special event coverage

• Commercial Advertising
• Surveying

Ric Noyle Photo Productions LLC seeks an exemption to operate

DJI Phantom 3 & DJI Inspire system for compensation or hire

within the NAS. The DJI Phantom 3 & DJI Inspire is vertical

takeoff and landing (VTOL) Unmanned Aircraft (UA) with a

Ground Control Station (GCS) utilizing electronic tablet or smart

phone systems. The DJI Phantom 3 & DJI Inspire as a maximum

gross weight of approximately less than 5lbs while having a

diagonal dimension of 438x451x301mm, a maximum speed of

approximately 22 m/s. The DJI Phantom 3 & DJI Inspire are

equipped with four main rotors; driven by Lithium Polymer battery

powered electric motors.

The DJI Phantom 3 & DJI Inspire that will be operated by Ric Noyle

Photo Productions LLC will be registered in accordance with 49 U.S.C.

44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft

Registration, and marked in accordance with 14 C.F.R. Part 45,

Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, Ric Noyle Photo Productions,LLC, pursuant to the provisions

of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA

Modernization and Reform Act of 2012 (FMRA), Section 333, Special

Rules for Certain Unmanned Aircraft Systems, hereby petitions the

Administrator to commercially operate the DJI Phantom 3 & DJI

Inspire, UAS in the National Airspace System (NAS), and for an

exemption from the requirements of 14 C.F.R Part 21,45.23(b) 61.113(a)

& (b), 91.7(a),91.9(b)(2), 91.103, 91.109,91.119, 91.121, 91.151(a)(b),

91.203(a) &(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND

91.417(a) & (b)

In consideration of the speed, weight, size, and limited operating area

associated with the unmanned aircraft and its operation, Ric Noyle Photo
Productions LLC operation of DJI Phantom 3 & DJI Inspire UAS meets

the conditions of FMRA Section 333 and therefore, will not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart

H.

Accordingly, Ric Noyle Photo Productions LLC requests relief from

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &

(b), as these sections set forth requirements for maintenance that only

apply to aircraft with an airworthiness certificate.

Ric Noyle Photo Productions LLC submits that the requested relief is

proper since an equivalent level of safety will be ensured. Ric Noyle

Photo Productions LLC will use experienced personnel or technicians to

perform maintenance, alterations, or preventive maintenance on the

UAS using the methods, techniques, and practices prescribed in the

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom

3 & DJI Inspire Instruction Manual). Furthermore, Ric Noyle Photo

Productions LLC will document and maintain all maintenance records

for the DJI Phantom 3 & DJI InspireUAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled

Private pilot privileges and limitations: Pilot in command, is requested

by Ric Noyle Photo Productions LLC to the extent necessary to allow a

Pilot in Command (PIC) holding a private pilot or higher level

certificate, as well as an airman medical certificate, and who has

demonstrated, by meeting minimum flight­ hour and currency

requirements, that the PIC is able to safely operate the DJI Phantom

UAS in a manner consistent with this exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from

people, vessels, vehicles and structures.

Ric Noyle Photo Productions LLC seeks relief from Section 91.7(a),

entitled Civil aircraft airworthiness, because the DJI Phantom 3 & DJI

Inspire UAS do not require an airworthiness certificate in accordance
with 14 C.F.R. Part 21, Subpart H. As such, Ric Noyle Photo

Productions LLC submits that they will ensure that the DJI Phantom 3 &

DJI Inspire UAS is in an airworthy condition, prior to every flight, by

determining that the UAS are in compliance with the operating

documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 & DJI

Inspire Instruction Manual), and that the aircraft are in a condition for

safe flight.

Ric Noyle Photo Productions LLC also seeks an exemption from the

requirements of Section 91.121, entitled Altimeter Settings, as the DJI

Phantom 3 & DJI InspireUAS will not have a typical barometric

altimeter onboard. However, altitude information of the DJI Phantom 3

& DJI Inspire UAS will be provided to the PIC via Global Positioning

System (GPS) equipment and radio communications telemetry data link,

which downlinks from the UA to the GCS for active monitoring of the

flight path. This altitude information, combined with Ric Noyle Photo

Productions LLC operation of the DJI Phantom 3 & DJI Inspire UAS

within visual line of sight, at or below 400 feet AGL, will ensure a level

of safety equivalent to Section 91.121.

Additionally, Ric Noyle Photo Productions LLC seeks an exemption

from the requirements of Section 91.151(b), entitled Fuel requirements

for flight in VFR conditions. Ric Noyle Photo Productions LLC submits

that safety will not be affected by operation of the DJI Phantom 3 & DJI

Inspire UAS during daylight hours in visual meteorological conditions

(VMC) under visual flight rules (VFR), with enough battery power to fly

for a total duration of approximately 23 minutes. Battery power

indicators are also able to show exactly how much battery power is left,

as well as how much time is needed to return safely back to point of take

off.
In accordance with 14 C.F.R. § 11.81, Ric Noyle Photo Productions

LLC provides the following information in support of its petition for

exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

Ric Noyle

President

Ric Noyle Photo Productions LLC 836 Ocean View Drive

Honolulu,Hawaii,96816Studio 808 737­2885 Cell­808 721­4180

ric@ricnoyle.com

B. The Specific Sections Of 14 C.F.R. From Which Ric Noyle Photo

Productions LLC Seeks Exemption.

1. Ric Noyle Photo Productions LLC Seeks Exemption From The

Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in

command, subsections (a) and (b) prescribe the following, in relevant

part:

(a) No person who holds a private pilot certificate may act as a pilot in

command (PIC) of an aircraft that is carrying passengers or property for

compensation or hire; nor may that person, for compensation or hire, act

as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an

aircraft in connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and
(2) The aircraft does not carry passengers or property for compensation

or hire.

2. Ric Noyle Photo Productions LLC Seeks Exemption From The

Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states

the following:

(a) No person may operate a civil aircraft unless it is in an airworthy

condition.

3. Ric Noyle Photo Productions LLC Seeks Exemption From The

Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the

following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude

or flight level of that aircraft, as the case may be, by reference to an

altimeter that is set, when operating­­

(1) Below 400 feet MSL, to­­

(i) The current reported altimeter setting of a station along the route and

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i)

of this section, the current reported altimeter setting of an appropriate

available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of

the departure airport or an appropriate altimeter setting available before

departure.
4. Ric Noyle Photo Productions LLC Seeks Exemption From The

Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions,

subsection (b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions

unless (considering wind and forecast weather conditions) there is

enough fuel to fly to the first point of intended landing and, assuming

normal cruising speed, to fly after that for at least 20 minutes.

5. Ric Noyle Photo Productions LLC Seeks Exemption From The

Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the

following: Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this

part and shall between required inspections, except as provided in

paragraph (c) of this section, have discrepancies repaired as prescribed

in part 43 of this chapter[.]

6. Ric Noyle Photo Productions LLC Seeks Exemption From The

Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive

maintenance, rebuilding, or alteration, subsection (a)(1), states the

following:

(a) No person may operate any aircraft that has undergone maintenance,

preventive maintenance, rebuilding, or alteration unless­­
(1) It has been approved for return to service by a person authorized

under § 43.7 of this chapter[.]

7. Ric Noyle Photo Productions LLC Seeks Exemption From The

Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may

operate an aircraft unless, within the preceding 12 calendar months, it

has had ­­

(1) An annual inspection in accordance with part 43 of this chapter and

has been approved for return to service by a person authorized by § 43.7

of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in

accordance with part 21 of this chapter.

8. Ric Noyle Photo Productions LLC Seeks Exemption From The

Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b),

state the following:

(a) Except for work performed in accordance with §§ 91.411 and

91.413, each registered owner or operator shall keep the following

records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration

and records of the 100­hour, annual, progressive, and other required or

approved inspections, as appropriate, for each aircraft (including the

airframe) and each engine, propeller, rotor, and appliance of an aircraft.

The records must include­­

(i) A description (or reference to data acceptable to the Administrator) of

the work performed; and
(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller,

and each rotor.

(ii) The current status of life­limited parts of each airframe, engine,

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft

which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since

the last inspection required by the inspection program under which the

aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and

safety directives including, for each, the method of compliance, the AD

or safety directive number and revision date. If the AD or safety

directive involves recurring action, the time and date when the next

action is required.

(vi) Copies of the forms prescribed by 43.9(d) of this chapter for each

major alteration to the airframe and currently installed engines, rotors,

propellers, and appliances.

(b) The owner or operator shall retain the following records for the

periods prescribed:
(1) The records specified in paragraph (a)(1) of this section shall be

retained until the work is repeated or superseded by other work or for 1

year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be

retained and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under §

43.11 of this chapter shall be retained until the defects are repaired and

the aircraft is approved for return to service.

C. The Extent Of Relief Ric Noyle Photo Productions LLC Seeks And

The Reason Ric Noyle Photo Productions LLC Seeks The Relief.

1. Extent Of Relief Ric Noyle Photo Productions LLC Seeks And The

Reason Ric Noyle Photo Productions LLC Seeks Relief From Section

61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges

and limitations: Pilot in command, is requested to the extent necessary to

allow a PIC holding a private pilot or higher level certificate, as well as a

current and valid airman medical certificate, and who has met certain

flight­hour and currency requirements, to conduct the proposed UAS

flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section

61.113(a) and (b) state that a private pilot may, for compensation or hire,

act as PIC of an aircraft in connection with any business or employment

if: (1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation

or hire.

As set forth more fully below, Ric Noyle Photo Productions LLC

submits that an equivalent level of safety will be maintained because no

PIC will be allowed to operate the DJI Phantom 3 & DJI Inspire UAS
unless that PIC has met certain flight­hour and currency requirements,

demonstrating that the PIC is able to safely operate either the DJI

Phantom 3 & DJI Inspire UAS in a manner consistent with the

operations specifications as described in this exemption, including

evasive and emergency maneuvers, as well as maintaining appropriate

distances from people, vessels, vehicles and structures.

Further, Ric Noyle Photo Productions LLC submits that all flights of the

DJI Phantom 3 & DJI Inspire UAS, conducted by the PIC pursuant to

the grant of this Petition: (1) will be incidental to Ric Noyle Photo

Productions LLC business; and (2) will not carry passengers or property

for compensation or hire.

2. Extent Of Relief Ric Noyle Photo Productions LLC Seeks And The

Reason Ric Noyle Photo Productions LLC Seeks Relief From Section

91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is

requested to the extent required to allow Ric Noyle Photo Productions

LLC to determine that the DJI Phantom 3 & DJI InspireUAS are in

airworthy condition prior to every flight by ensuring that the UAS is in

compliance with the operating documents (i.e., Ric Noyle Photo

Productions LLC Aerial Operations Manual, Monthly Maintenance Log,

and DJI Phantom 3 & DJI Inspire Instruction Manual).

Ric Noyle Photo Productions LLC seeks the requested relief because the

DJI Phantom 3 & DJI Inspire UAS do not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore,

Ric Noyle Photo Productions LLC will ensure that the DJI Phantom 3 &

DJI Inspire UAS are in airworthy condition based upon its compliance

with the operating documents (i.e., Monthly Maintenance Log, and DJI

Phantom 3 & DJI Inspire) prior to every flight, and further, determine

that the aircraft are in condition for safe flight, as stated in the conditions

and limitations below.
3. Extent Of Relief Ric Noyle Photo Productions LLC Seeks And The

Reason Ric Noyle Photo Productions LLC Seeks Relief From Section

91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required

to allow flight operations of the DJI Phantom 3 & DJI Inspire UAS,

which utilize a barometric pressure sensor, GPS equipment, and a radio

communications telemetry data link to downlink altitude information

from the UA to the PIC at the ground control station (GCS). Since the

FAA requires that any altitude information concerning UAS operations

be reported to air traffic control (ATC) in feet above ground level

(AGL), Ric Noyle Photo Productions LLC seeks the requested relief

because the DJI Phantom 3 & DJI Inspire UA’s altimeter may be set on

the ground to zero feet AGL, rather than the local barometric pressure or

field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from

14 CFR 91.121 is sought to the extent necessary to comply with the

applicable conditions and limitations stated below. As more fully set

forth herein, an equivalent level of safety will be maintained since the

DJI Phantom 3 & DJI Inspire UAS are equipped with a barometric

pressure sensor and GPS equipment, which automatically ensures that a

ground level pressure setting will be established prior to each flight, and

provides the PIC with altitude information of the UA on the heads­up

display of the GCS.

4. Extent Of Relief Ric Noyle Photo Productions LLC Seeks And The

Reason Ric Noyle Photo Productions LLC Seeks Relief From Section

91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in

VFR conditions, is requested to the extent required to allow flights of the

battery powered DJI Phantom 3 & DJI Inspire UAS during daylight

hours in visual meteorological conditions (VMC), under visual flight
rules (VFR), for a total duration of 23 minutes. Ric Noyle Photo

Productions LLC seeks the requested relief because without an

exemption from Section 91.151(b), the flight time duration of the battery

powered DJI Phantom 3 & DJI Inspire UAS will severely constrain the

practicality of any aerial video or still photo flight operations that Ric

Noyle Photo Productions LLC proposes to conduct pursuant to this

Petition.

Significantly, as set forth below, the technical specifications of the DJI

Phantom 3 & DJI Inspire UAS, the DJI Phantom 3 & DJI Inspire

operating documents, and Ric Noyle Photo Productions LLC proposed

operating limitations, ensure that Ric Noyle Photo Productions LLC will

safely operate the battery powered DJI Phantom 3 & DJI Inspire UAS

during daylight hours in visual meteorological conditions (VMC), under

visual flight rules (VFR), with enough battery power to fly for a total

duration of 23 minutes.

5. Extent Of Relief Ric Noyle Photo Productions LLC Seeks And The

Reason Ric Noyle Photo Productions LLC Seeks Relief From Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b) only apply to aircraft with an airworthiness certificate,

Ric Noyle Photo Productions LLC requests relief from these Sections

because the DJI Phantom 3 & DJI Inspire UAS do not require

airworthiness certificates. As set forth more fully below, the DJI

Phantom 3 & DJI Inspire UAS meet the conditions of FMRA Section

333 for operation without an airworthiness certificate. Accordingly, Ric

Noyle Photo Productions LLC will use trained technicians to perform

maintenance, alterations, or preventive maintenance on the UAS using

the methods, techniques, and practices prescribed in the UAS operating

documents (i.e., the Ric Noyle Photo Productions LLC Aerial

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 &

DJI Inspire Instruction Manual). Furthermore, Ric Noyle Photo
Productions LLC will document and maintain all maintenance records

for the DJI Phantom 3 & DJI Inspire UAS.

D. The Reasons Why Granting Ric Noyle Photo Productions LLC

Request Would Be In The Public Interest; That Is, How It Would

Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing

Ric Noyle Photo Productions LLC to safely, efficiently, and

economically perform aerial video and photography of construction

sites, real estate, events and civic landscape over certain areas of the

United States.

Additionally, use of the DJI Phantom 3 & DJI Inspire UAS will decrease

congestion of the NAS, reduce pollution, and provide significant

benefits to the economy. Notably, the benefits of Ric Noyle Photo

Productions LLC proposed operation of the DJI Phantom 3 & DJI

Inspire UAS will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 & DJI Inspire UAS are battery powered and serve as

a safe, efficient, and economical alternative to the manned aircraft

traditionally utilized to obtain aerial imagery. By reducing the amount of

manned aircraft needed to perform aerial acquisitions, an exemption

allowing the use of a DJI Phantom 3 & DJI Inspire UAS would reduce

the amount of manned aircraft in the NAS, reduce noise and air

pollution, as well as increase the safety of life and property in the air and

on the ground.

Furthermore, by reducing the number of manned aircraft operating in the

NAS, congestion around airports caused by arriving and departing

aircraft will be reduced. The DJI Phantom 3 & DJI Inspire UAS do not

require an airport to takeoff or land. Likewise, a reduction of manned

aircraft conducting aerial video and photography missions would result
in fewer aircraft that must be handled by air traffic control during the

ground, takeoff, departure, arrival, and landing phases of flight

operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI

Phantom 3 & DJI Inspire UAS.

Conducting aerial acquisitions with the DJI Phantom 3 & DJI Inspire

UAS, instead of manned aircraft, will greatly benefit the public by

drastically reducing the levels of air and noise pollution generated

during traditional aerial video and still photography flight operations. By

using battery power and electric motors, the DJI Phantom 3 & DJI

Inspire UAS produce no air pollution, and is the most viable

environmentally conscious alternative to the cabin class, six cylinder

internal combustion engine aircraft that are typically utilized for aerial

video and photography, while burning approximately 20­30 gallons per

hour of leaded aviation fuel. The DJI Phantom 3 & DJI Inspire UAS,

while reducing the carbon footprint of aerial acquisitions, also eliminates

noise pollution, as the UAS are propelled by battery powered electric

motors, rather than an internal combustion engine.

By using the DJI Phantom 3 & DJI Inspire UAS to perform aerial

acquisitions, the substantial risk to life and property in the air and on the

ground, which is usually associated with traditional manned aircraft

flight operations, will be substantially reduced or completely eliminated.

Aside from the lack of flight crew members located onboard the aircraft,

the DJI Phantom 3 & DJI Inspire UAS (weighing approximately 2.8

pounds at their maximum gross weight with diagonal dimension of 23.2

inches, and with no fuel on board), has less physical potential for

collateral damage to life and property on the ground, and in the air,

compared to the manned aircraft that typically conduct similar

operations (weighing approximately 6,000 pounds with a wingspan of
approximately 42 feet, a length of 34 feet, and a fuel capacity of 180

gallons).

3. Performing Aerial Video and Photography Operations With The DJI

Phantom 3 & DJI Inspire UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 & DJI Inspire

UAS are also an economical alternative to using manned aircraft to

conduct similar aerial operations. As such, operation of the DJI Phantom

3 & DJI Inspire UAS will allow United States based companies, like Ric

Noyle Photo Productions, to remain competitive and contribute to

growth of the U.S. economy. Specifically, with the rising cost of

aviation fuel and the Environmental Protection Agency (“EPA”)

regulatory actions phasing out leaded aviation fuels, U.S. owned and

operated companies must adopt new and alternative technology in order

to remain competitive. Operating the battery powered DJI Phantom 3 &

DJI Inspire UAS is one such technology that not only allows companies

greater operational flexibility compared to manned aircraft, but provides

such flexibility without the high operational cost of a traditional manned

aircraft.

By operating the DJI Phantom 3 & DJI Inspire UAS, companies such as

Ric Noyle Photo Productions, can remain competitive and profitable,

and therefore, provide greater job stability to employees and contractors,

which will ultimately contribute to growth of the U.S. economy.

Improved financial performance of U.S. companies, through commercial

use of the DJI Phantom 3 & DJI Inspire UAS, provides a stable

workforce that increases consumer spending; improves local, state, and

federal tax revenues; and allows companies to invest in research and

development in order to remain competitive both in the United States

and abroad.

4. There Are No Privacy Issues.
Similar to the manned aerial acquisition flight operations that have been

conducted for decades, Ric Noyle Photo Productions LLC proposed

operation of the DJI Phantom 3 & DJI Inspire UAS will not implicate

any privacy issues. Specifically, the DJI Phantom 3 & DJI Inspire UAS

will be operated only in compliance with operating documents (i.e., Ric

Noyle Photo Productions LLC Aerial Operations Manual, Monthly

Maintenance Log, and DJI Phantom 3 & DJI Inspire Instruction Manual)

which requires property owner involvement as well as local law

enforcement notification, and in accordance with the Federal Aviation

Regulations, including the minimum altitude requirements of 14 C.F.R.

§ 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely

Affect Safety, Or How The Exemption Would Provide A Level Of

Safety At Least Equal To That Provided By The Rule From Which Ric

Noyle Photo Productions LLC Seeks Exemption.

1. Reasons Why The DJI Phantom 3 & DJI Inspire UAS Meet The

Conditions Of The FAA Modernization and Reform Act of 2012

(FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area

associated with the unmanned aircraft and its operation, Ric Noyle Photo

Productions LLC operation of the DJI Phantom 3 & DJI Inspire UAS

meet the conditions of FMRA Section 333, and will not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart

H.

Section 333 provides authority for a UAS to operate without

airworthiness certification and sets forth requirements for considering

whether a UAS will create a hazard to users of the NAS or the public, or

otherwise pose a threat to national security. Specifically, FMRA Section

333 states the following, in part:
(a) In General.­­Notwithstanding any other requirement of this subtitle,

and not later than 180 days after the date of enactment of this Act, the

Secretary of Transportation shall determine if certain unmanned aircraft

systems may operate safely in the national airspace system before

completion of the plan and rule making required by section 332 of this

Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.­­In making the

determination under subsection (a), the Secretary shall determine, at a

minimum­­

(1) which types of unmanned aircraft systems, if any, as a result of their

size, weight, speed, operational capability, proximity to airports and

populated areas, and operation within visual line of sight do not create a

hazard to users of the national airspace system or the public or pose a

threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or

airworthiness certification under section 44704 of title 49, United States

Code, is required for the operation of unmanned aircraft systems

identified under paragraph (1).

(c) Requirements for Safe Operation.­­If the Secretary determines under

this section that certain unmanned aircraft systems may operate safely in

the national airspace system, the Secretary shall establish requirements

for the safe operation of such aircraft systems in the national airspace

system.

In seeking this exemption, Ric Noyle Photo Productions LLC submits

that the DJI Phantom 3 & DJI Inspire UAS can operate safely in the

NAS pursuant to FMRA Section 333, as demonstrated by: (a) the

characteristics of the DJI Phantom 3 & DJI Inspire UAS; (b) the pilot

certification requirement; and (c) the specific operating limitations.
a. The Specifications Of The DJI Phantom 3 & DJI Inspire UAS

Demonstrate Its Safe Characteristics.

The DJI Phantom 3 & DJI Inspire UAS does not create a hazard to users

of the NAS or the public, or otherwise pose a threat to national security

considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 & DJI Inspire UAS.

The technical specifications of the DJI Phantom 3 & DJI Inspire UAS

are set forth by the DJI Phantom 3 & DJI Inspire User Manual, attached

hereto as Appendix A.

ii. The DJI Phantom 3 & DJI Inspire UAS Global Positioning Modes

Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 & DJI Inspire UAS may be operated in both manual

and global positioning flight modes. A complete description of the flight

and navigational modes of the DJI Phantom 3 & DJI Inspire UAS is

provided at pages 11 of the DJI Phantom 3 & DJI Inspire User Manual

attached hereto as Appendix A.

iii. The DJI Phantom 3 & DJI Inspire UAS Are Designed For Automatic

Return To Home Point Or Hover In The Event Of Loss Of The Control

Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 & DJI Inspire UAS

will remain stationary, in flight, for 3 seconds or more. If, after 3

seconds, the DJI Phantom 3 & DJI Inspire UAS does not reacquire

control link data from the GCS, the UAS will assume that the Control

Link is lost and the will return to the home position (i.e., failsafe mode)

via GPS, and will descend to the takeoff position and shutdown.
A complete description of the Failsafe Functions of the DJI Phantom 3

& DJI Inspire UAS are set forth at pages 12 through 14 of the DJI

Phantom 3 & DJI Inspire User Manual, attached hereto as Appendix A.

iv. The DJI Phantom 3 & DJI Inspire GCS And Its Operation.

A complete description of the operation and specifications of the DJI

Phantom 3 & DJI Inspire GCS and flight control software is provided at

pages 23 through 29 of the DJI Phantom 3 & DJI Inspire User Manual.

DJI Phantom 3 & DJI Inspire User Manual is attached hereto as

Appendix A.

b. Flight Operations Of DJI Phantom 3 & DJI Inspire UAS Is Limited

To The Line Of Sight Of A Certificated Pilot in Command With A

Safety Observer.

Ric Noyle Photo Productions LLC production staff will be the only

persons to act as a pilot in command (PIC) of the DJI Phantom 3 & DJI

Inspire UAS. Additionally, a safety observer will assist him at all times

during flight time.

c. Flights Of DJI Phantom 3 & DJI Inspire UAS Will Be Conducted

Pursuant To Specific Operating Limitations.

In seeking this exemption, Ric Noyle Photo Productions LLC proposes

to commercially operate DJI Phantom 3 & DJI Inspire UAS for the

special purpose of conducting aerial video and photography over certain

areas of United States, pursuant to the following specific operating

limitations.

1. Operations authorized by this grant of exemption will be limited to the

following aircraft described in the operating documents, rotorcraft UAS

weighing less than 55 pounds maximum gross weight: DJI Phantom 3 &

DJI Inspire Unmanned Aircraft Systems. Proposed operations of any
other aircraft will require a new petition or a petition to amend this

grant.

2. UAS operations under this exemption will be limited to conducting

operations for the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceeding 20

knots.

4. The UA must be operated at an altitude of no more than 400 feet

above ground level (AGL), as indicated by the procedures specified in

the operating documents unless a special request is made and approved

by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the

PIC at all times. This requires the PIC to be able to use human vision

unaided by any device other than corrective lenses, as specified on the

PIC’s FAA­issued airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO)

is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be

used to satisfy the VLOS requirement as long as the PIC always

maintains VLOS capability. The SO and PIC must be able to

communicate verbally at all times. Electronic messaging or texting is not

permitted during flight operations. The PIC must be designated before

the flight and cannot transfer his or her designation for the duration of

the flight. The PIC must ensure that the SO can perform the functions

prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC

with seeing and avoiding other air traffic and other ground based

obstacles/obstructions and is not permitted to operate the camera or

other instruments.
9. The operating documents and the grant of exemption must be

accessible during UAS operations and made available to the

Administrator upon request. If a discrepancy exists between the

conditions and limitations contained in the grant of exemption and the

procedures outlined in the operating documents, the conditions and

limitations contained in the grant of exemption take precedence and

must be followed. Otherwise, the operator must follow the procedures as

outlined in its operating documents. The operator may update or revise

its operating documents. It is the operator’s responsibility to track such

revisions and present updated and revised documents to the

Administrator upon request. The operator must also present updated and

revised documents if it petitions for extension or amendment to the grant

of exemption. If the operator determines that any update or revision

would affect the basis upon which the FAA granted the exemption, then

the operator must petition for amendment to its grant of exemption. The

FAA’s UAS Integration Office (AFS­80) may be contacted if questions

arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is

in a condition for safe flight. If the inspection reveals a condition that

affects the safe operation of the UAS, the aircraft is prohibited from

operating until the necessary maintenance has been performed and the

UAS is found to be in a condition for safe flight. The Ground Control

Station must be included in the preflight inspection. All maintenance and

alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect

the UAS operation or flight characteristics, e.g. replacement of a flight

critical component, must undergo a functional test flight. The PIC who

conducts the functional test flight must make an entry in the aircraft

records.
12. The pre­flight inspection must account for all potential

discrepancies, e.g. inoperable components, items, or equipment, not

already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s

aircraft/component, maintenance, overhaul, replacement, inspection, and

life limit requirements.

14. The operator must carry out its maintenance, inspections, and record

keeping requirements, in accordance with the operating documents.

Maintenance, inspection, alterations, and status of replacement/overhaul

component parts must be noted in the aircraft records, including total

time in service, description of work accomplished, and the signature of

the authorized person returning the UAS to service.

15. Each UAS operated under this exemption must comply with all

manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of

the corrective action taken against discrepancies discovered between

inspections.

17. The PIC must possess at least a private pilot certificate and at least a

current third­ class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC

meets the operator’s qualification criteria and demonstrates the ability to

safely operate the UAS in a manner consistent with how the UAS will be

operated under the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from persons, vessels,

vehicles and structures. PIC qualification flight hours must be logged in

a manner consistent with 14 C.F.R. 61.51(b). Flights for the purposes of

training the operator’s PICs are permitted under the terms of the

exemption. However, training operations may only be conducted during

dedicated training sessions. During training, proficiency, and
experience­building flights, all persons not essential for flight operations

are considered nonparticipants, and the PIC must operate the UA with

appropriate distance from nonparticipants in accordance with 14 C.F.R.

91.119.

19. UAS operations may not be conducted during night, as defined in 14

C.F.R. 1.1. All operations must be conducted under visual

meteorological conditions (VMC). If flight at night is required, a special

request will be made at the FAA office closest to proposed area of

operations. Flights under special visual flight rules (SVFR) are not

authorized.

20. The UA may not operate within 5 nautical miles of an airport

reference point as denoted on a current FAA­published aeronautical

chart unless a letter of agreement with that airport’s management is

obtained, and the operation is conducted in accordance with a NOTAM

as required by the operator’s COA. The letter of agreement with the

airport management must be made available to the Administrator upon

request.

21. The UA may not be operated less than 500 feet below or less than

2,000 feet horizontally from a cloud or when visibility is less than 3

statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must

return to a pre­ determined location within the planned operating area

and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering

wind and forecast weather conditions) there is enough power to fly at
normal cruising speed to the intended landing point and land the UA

with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued

Certificate of Waiver or Authorization (COA) prior to conducting any

operations under the grant of exemption. This COA will also require the

operator to request a Notice to Airman (NOTAM) not more than 72

hours in advance, but not less than 48 hours prior to the operation. All

operations shall be conducted in accordance with airspace requirements

in the ATO issued COA including class of airspace, altitude level and

potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be

identified by serial number, registered in accordance with 14 C.F.R. part

47, and have identification (N­ Number) markings in accordance with 14

C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for

operation and control of the UA must comply with the Federal

Communications Commission (FCC) or other appropriate government

oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must

be available to the PIC at the Ground Control Station of the UAS any

time the UAS is operating. These documents must be made available to

the Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned

aviation operations and activities at all times.

30. The UAS may not be operated by the PIC from any moving device

or vehicle.
31. Flight operations must be conducted at least 500 feet from all

nonparticipating persons (persons other than the PIC, SO, operator

trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect

nonparticipating persons from the UA and/or debris in the event of an

accident. The operator must ensure that nonparticipating persons remain

under such protection. If a situation arises where nonparticipating

persons leave such protection and are within 500 feet of the UA, flight

operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or structures has granted

permission and the PIC has made a safety assessment of the risk of

operating closer to those objects and determined that it does not present

an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential

persons do not present an undue hazard to those persons per 91.119(a).

32. All operations shall be conducted over private or controlled­access

property with permission from the land owner/controller or authorized

representative. Permission from land owner/controller or authorized

representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the

lateral or vertical boundaries of the operational area as defined by the

applicable COA must be reported to the FAA's UAS Integration Office

(AFS­80) within 24 hours. Accidents must be reported to the National

Transportation Safety Board (NTSB) per instructions contained on the

NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section

61.113(a) And (b) Would Not Adversely Affect Safety.
Ric Noyle Photo Productions LLC submits that the equivalent level of

safety established by Section 61.113(a) and (b) will be maintained

because no PIC will be allowed to operate the DJI Phantom 3 & DJI

Inspire UAS unless that PIC has demonstrated, by meeting minimum

flight­hour and currency requirements, that the PIC is able to safely

operate the DJI Phantom 3 & DJI Inspire UAS in a manner consistent

with the exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and

structures.

Considering Ric Noyle Photo Productions LLC proposed area of

operations, and the operating limitations set forth­above; the parallel

nature of private pilot aeronautical knowledge requirements to those of

commercial pilot requirements (See Exemption No. 11062); and the

airmanship skills necessary to safely operate the DJI Phantom 3 & DJI

Inspire UAS, Ric Noyle Photo Productions LLC submits that the

additional manned airmanship experience of a commercially certificated

pilot would not correlate to the airmanship skills necessary for Ric

Noyle Photo Productions LLC specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b)

specific to UAS, in circumstances similar, in all material respects, to

those presented herein (e.g. Exemption Nos. 11062, 11063, 11064,

11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138,

11150, 11153, 11156, 11158, 11159, 11160, 11161).

Ric Noyle Photo Productions LLC will not allow any PIC to operate the

DJI Phantom 3 & DJI Inspire UAS unless that PIC has demonstrated, by

meeting minimum flight­hour requirements or the DJI Phantom 3 & DJI

Inspire UAS training and currency requirements, that the PIC is able to

safely operate the DJI Phantom 3 & DJI Inspire UAS in a manner

consistent with this exemption, including evasive and emergency
maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner

consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS

rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS

pilot operating the same make and model of UAS to be used for

operations under the exemption). In addition to the hour requirements,

the PIC must accomplish 3 takeoffs and landings in the preceding 90

days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented

flight experience that was obtained in compliance with applicable

regulations will ensure an equivalent level of safety during Ric Noyle

Photo Productions LLC proposed operations. The Administrator has

held that prior documented flight experience that was obtained in

compliance with applicable regulations would ensure safe operations,

stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting

operations for the purpose of motion picture filming (or similar

operations), the PIC must have accumulated and logged, in a manner

consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a

multi­rotor UAS. Prior to operations under Exemption No. 11062, the

PIC must also have accumulated and logged a minimum of 5 hours as a

UAS pilot operating the same make and model of UAS to be used for

operations under the exemption. For clarification, the FAA considers

these minimum hour requirements to be inclusive rather than additive;

i.e. 5 hours make and model time may be included in the 10 hours of

multi­rotor time and the 10 hours may be included in the total 25 hours

of UAS rotorcraft time. In addition to the hour requirements, the PIC

must accomplish 3 takeoffs and landings in the preceding 90 days (for

currency purposes). The FAA finds that at a minimum, the flight­hour
requirements in Exemption No. 11062 are appropriate to practice and

build proficiency in the skills necessary to safely conduct the petitioner’s

proposed operations. The FAA also finds that prior documented flight

experience that was obtained in compliance with applicable regulations

would satisfy this requirement. Training, proficiency, and

experience­building flights can also be conducted under the grant of

exemption to accomplish the required flight time. During training,

proficiency, and experience­building flights the PIC is required to

operate the UA with appropriate distances in accordance with 14 C.F.R

91.119.

Exemption No. 11138 at page 15.

Accordingly, Ric Noyle Photo Productions LLC will ensure safe

operations by not allowing any PIC to operate the DJI Phantom 3 & DJI

Inspire UAS unless that PIC has demonstrated, by meeting minimum

flight­hour and currency requirements, that the PIC is able to safely

operate the DJI Phantom 3 & DJI Inspire UAS in a manner consistent

with the exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and

structures.

3. Reasons Why An Exemption From The Requirements Of Section

91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be

maintained because prior to every flight, Ric Noyle Photo Productions

LLC will ensure that the DJI Phantom 3 & DJI Inspire UAS is in an

airworthy condition based upon the UAS’s compliance with its operating

documents and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a)

specific to UAS, in circumstances similar, in all material respects, to

those presented herein (e.g. Exemption Nos. 11062, 11063, 11064,
11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section

91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be

maintained because the altitude information of the DJI Phantom 3 & DJI

Inspire UAS will be provided to the PIC via GPS equipment and a radio

communications telemetry data link, which downlinks from the UA to

the GCS for active monitoring of the flight path and altitude. This

altitude information, combined with Ric Noyle Photo Productions LLC

operation of the DJI Phantom 3 & DJI Inspire UAS within visual line of

sight, at or below 500 feet AGL, will ensure a level of safety equivalent

to Section 91.121. The altitude information will be generated by GPS

equipment installed onboard the aircraft. Prior to each flight, a zero

altitude initiation point is automatically established by the UAS at

ground level.

The FAA has previously granted relief from Section 91.121 specific to

UAS, in circumstances similar, in all material respects, to those

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065,

11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153,

11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section

91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety

established by 14 C.F.R. Section 91.151(b) as a result of (1) the

technical specifications of the DJI Phantom 3 & DJI Inspire UAS; (2)

the limitations on the proposed flight operations; and (3) the location of

the proposed flight operations. Accordingly, Ric Noyle Photo

Productions LLC will ensure that it will safely operate the battery

powered DJI Phantom 3 & DJI Inspire UAS during daylight hours in
VFR conditions, with enough battery power to fly for a total duration of

23 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI

Phantom 3 & DJI Inspire UAS; the limitations on the proposed flight

operations; and the location of the proposed operations, will ensure an

equivalent level of safety established by 14 C.F.R. Section 91.151(b).

Furthermore, safety will be ensured as the DJI Phantom 3 & DJI Inspire

UAS provide audible and visual warnings to the PIC at the GCS when

the UAS experiences low battery voltage, the first warning occurring at

approximately 33% remaining battery power, and again at

approximately 10% remaining battery power. At the critically low

battery level, the DJI Phantom 3 & DJI Inspire UAS will descend and

land automatically.

Significantly, previous exemptions granted by the FAA concerning

Section 91.151 establish that safety is not adversely affected when the

technical characteristics and operating limitations of the UAS are

considered. Relief has been granted for manned aircraft to operate at less

than the minimums prescribed in Section 91.151, including Exemption

Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted

relief from Section 91.151 specific to UAS, in circumstances similar, in

all material respects, to those presented herein (e.g. Exemption Nos.

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067,

11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157,

11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b)

Would Not Adversely Affect Safety.

In seeking this exemption, Ric Noyle Photo Productions LLC submits

that the equivalent level of safety with regard to the regulatory

maintenance and alteration requirements established by Sections
91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will

be met because Ric Noyle Photo Productions LLC will use trained

technicians to perform maintenance, alterations, or preventive

maintenance on the UAS using the methods, techniques, and practices

prescribed in the operating documents (i.e., Ric Noyle Photo

Productions LLC Aerial Operations Manual, Monthly Maintenance Log,

and DJI Phantom 3 & DJI Inspire Instruction Manual). Furthermore, Ric

Noyle Photo Productions LLC will document and maintain all

maintenance records for the DJI Phantom 3 & DJI Inspire UAS.

Since the DJI Phantom 3 & DJI Inspire UAS will be inspected as

prescribed by the operating documents, Ric Noyle Photo Productions

LLC will maintain the equivalent level of safety established by Sections

91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3

& DJI Inspire User Manuals are attached hereto as Appendix A and B; a

copy of the DJI Phantom 3 & DJI Inspire UAS Maintenance LOG is

attached hereto as Appendix C.

Likewise, the exemption sought will not adversely affect safety because

Ric Noyle Photo Productions LLC will use trained technicians to

perform maintenance, alterations or preventive maintenance on the UAS

using the methods, techniques, and practices prescribed by the operating

documents.

Furthermore, the exemption sought would maintain an equivalent level

of safety established by Sections 91.407, 91.417(a) and 91.417(b),

because all maintenance of the DJI Phantom 3 & DJI Inspire UAS will

be performed by trained technicians. Maintenance will be documented

and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &

(b) establish that safety is not adversely affected when the technical

characteristics and operating limitations of the UAS are considered.
In consideration of Ric Noyle Photo Productions LLC proposed

operating limitations, the operating documents, and the technical aspects

of the DJI Phantom 3 & DJI Inspire UAS, Ric Noyle Photo Productions

LLC submits that safety will not be adversely affected by granting

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2),

91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted

relief specific to UAS in circumstances similar, in all material respects,

to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064,

11065, 11066, 11067, 11080, 11204, 11109, 11110, 11112, 11136,

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform

Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions,

Ric Noyle Photo Productions LLC requests that the FAA prescribe

special conditions for the intended operation of the DJI Phantom 3 &

DJI Inspire UAS, which contain such safety standards that the

Administrator finds necessary to establish a level of safety equivalent to

that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§

61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will

permit safe operation of the UAS for the limited purpose of conducting

aerial video and photography over certain areas of the United States for

compensation or hire. FMRA Section 333 sets forth the requirements for

considering whether a UAS will create a hazard to users of the NAS or

the public, or otherwise pose a threat to national security; and further,

provides the authority for such UAS to operate without airworthiness

certification in accordance with any requirements that must be

established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant

to 14 C.F.R. 21.16, for operation of the DJI Phantom 3 & DJI Inspire

UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not
contain adequate or appropriate safety standards, due to the novel or

unusual design features of the aircraft. Section 21.16, entitled Special

Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do

not contain adequate or appropriate safety standards for an aircraft,

aircraft engine, or propeller because of a novel or unusual design feature

of the aircraft, aircraft engine or propeller, he prescribes special

conditions and amendments thereto for the product. The special

conditions are issued in accordance with Part 11 of this chapter and

contain such safety standards for the aircraft, aircraft engine or propeller

as the FAA finds necessary to establish a level of safety equivalent to

that established in the regulations.

See 14 C.F.R. 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. §

21.16, the FAA may prescribe special conditions for Leading Edge’s

intended operation of the DJI Phantom 3 & DJI Inspire UAS, which

contain such safety standards that the Administrator finds necessary to

establish a level of safety equivalent to that established by 14 C.F.R. Part

21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a)

& (b).

• A Summary That Can Be Published In The Federal Register, stating:

The Rules From Which Ric Noyle Photo Productions LLC Seeks

Exemption:

Ric Noyle Photo Productions LLC seeks exemption from the

requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a)

& (b).
A Brief Description Of The Nature Of The Exemption Ric Noyle Photo

Productions LLC Seeks:

This exemption will permit Ric Noyle Photo Productions LLC to

commercially operate an Unmanned Aircraft System (UAS) for the

purpose of conducting aerial video and photography over certain areas

of the United States.

• Any Additional Information, Views, Or Arguments Available To

Support Ric Noyle Photo Productions LLC Request.

This Petition is made pursuant to the FAA Modernization and Reform

Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to

determine if certain UAS may operate safely in the NAS. As such, Ric

Noyle Photo Productions LLC request for exemption may be granted

pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as

set forth above.

FMRA Section 333 sets forth the requirements for considering whether a

UAS will create a hazard to users of the NAS or the public, or otherwise

pose a threat to national security; and further, provides the authority for

such UAS to operate without airworthiness certification.

As discussed in detail above, Ric Noyle Photo Productions LLC will

operate the DJI Phantom 3 & DJI Inspire UAS safely in the NAS,

without creating a hazard to users of the NAS, or the public, or

otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Ric Noyle Photo Productions LLC seeks an

exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA

Modernization and Reform Act of 2012 (FMRA), which will permit safe

operation of the DJI Phantom 3 & DJI Inspire UAS commercially,
without an airworthiness certificate, for the limited purpose of

conducting aerial video and photography over certain areas of the United

States. By granting this Petition, the FAA Administrator will be

fulfilling the Congressional mandate of the FAA Modernization and

Reform Act of 2012, while also advancing the interests of the public, by

allowing Ric Noyle Photo Productions LLC to safely, efficiently, and

economically operate the DJI Phantom 3 & DJI Inspire UAS

commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations

and the FAA Modernization and Reform Act of 2012, Section 333, Ric

Noyle Photo Productions LLC respectfully requests that the

Administrator grant this Petition for an exemption from the requirements

of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and

permit Ric Noyle Photo Productions LL to operate the DJI Phantom 3 &

DJI Inspire UAS commercially for the purpose of conducting aerial

video and photography over certain areas of the United States.

Dated: Jan 31, 2016 Respectfully submitted,

S// Ric Noyle

President

Ric Noyle Photo Productions LLC 836 Ocean View Drive,

Honolulu,Hawaii 96816

Studio:808 737­2885 Cell­808 721­4180 ric@ricnoyle.com

Appendices:

A – Link to DJI Phantom 3 & DJI Inspire Manual: Click on link below
http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_Us

er_Manual_v1.2_en.pdf

https://dl.djicdn.com/downloads/inspire_1/en/Inspire_1_User_Manual_e

n_v2.0_1218.pdf

———